Community Infrastructure Levy (CIL)

Community Infrastructure Levy – Notice of Adoption

The South Worcestershire Councils of Malvern Hills, Worcester City and Wychavon District Council have adopted separate Community Infrastructure Levy Charging Schedules. The notices below provide details of the relevant dates of adoption and implementation. Both Malvern Hills and Wychavon Councils will implement CIL charging from Monday 5th June 2017 and Worcester City will implement charging from Monday 4th September 2017. Further information relating to CIL can be found via the links to the local authority websites below.

The Community Infrastructure Levy (CIL) is a locally set charge (levy) that came in force on 6 April 2010 through the CIL regulations 2010 (as amended). The CIL is a charge that local authorities in England (known as “charging authorities”) can place on new development in their area. The money generated through the levy will contribute to the funding of infrastructure to support development growth in south Worcestershire.

The CIL is intended to supplement other funding streams to ensure that new community infrastructure can be provided to support local growth and to give councils and communities more choice and flexibility in how infrastructure is funded. Infrastructure proposed to be funded by the CIL is established through a Regulation 123 list. The primary purpose of the list is to ensure that there is no duplication between CIL and other infrastructure payments such as Section 106 agreements (planning obligations).

Pooling Restrictions on Planning Obligations

Councils have a choice of whether or not to implement a CIL. However, a key driver for change is that through CIL regulations, the existing system of Planning Obligations under Section 106 of the Town and Country Planning Act 1990 (as amended) is being scaled back. With effect from 6 April 2015, the CIL regulations restrict the use of Section 106 agreements by prohibiting the pooling of contributions from five or more sources for a specific infrastructure project or a type of infrastructure that is capable of being funded by the levy, dating back to 6 April 2010. Planning Obligations also need to pass three legal tests (known as CIL Regulation 122) in order to constitute a reason for granting planning permission. Section 278 agreements (for paying the costs of highways work) do not have restrictions on the number of contributions that can be pooled.

Neighbourhood Funding

A portion of CIL levy receipts (15% or 25%) will be passed onto Parish or Town Councils, which will then have control over how it is spent. A 25% share is dependent on a neighbourhood plan being in place. In un-parished areas (applicable to some areas of Wychavon District and Worcester City), the 15% of the levy receipts will be held by the charging authority, who will then engage with the communities where development has taken place and agree with them how best to spend the neighbourhood funding. For areas with no neighbourhood plan, the 15% share is capped at £100 per existing council tax dwelling per year. For areas with an adopted neighbourhood plan, the 25% share of levy receipts is uncapped.

The CIL also needs to be informed by viability evidence. The south Worcestershire authorities need to be able to explain how their proposed levy rate (or rates) will contribute towards the implementation of the SWDP and support development across the area by striking an appropriate balance between the additional investment needed to support development and the potential effects on the viability of development.

In order to introduce a CIL, the south Worcestershire Councils are required to carry out two consultation stages prior to submission for examination. These are:

Preliminary Draft Charging Schedule (PDCS); and

Draft Charging Schedule (DCS)

The south Worcestershire Councils have progressed through the PDCS and DCS stages and will be submitting the CIL for joint examination from 26 July 2016. A statement of modifications consultation will precede submission and will run for four weeks from 9:00am on Monday 25 July to 5:00pm on Monday 22 August 2016. Due to teething problems with the SWDP website, the consultation period has been extended to 5:00pm on Friday 26 August 2016.

The current production timetable, as set out in the latest Local Development Schemes (LDS) published in October 2015, is set out below. The timetable is subject to revision via an updated LDS, anticipated for autumn 2016. The revised dates below are therefore subject to approval of the updated LDS, and progress made with the Independent Examination.

Publication of Draft Charging Schedule (Regulation 16) – March 2016

Submission (Regulation 19) – July 2016

Independent Examination – August 2016 (now November 2016 – the examination hearing sessions will be held on 29th and 30th November 2016 at the Guildhall in Worcester)